FISCAL NOTE
FUND(S):
Road Fund
Sources of Revenue:
Special Fund
Legislation creates:
A New Program
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
SB751
The purpose of this bill is to create within the Division of Motor Vehicles the Office of Administrative Law Judge. The office would be supervised by a Chief Administrator appointed by the Governor.
The Administrative Law Judges will hear appeals from those who have been charged with DUI traffic offenses. Hearings for these appeals are to be held at a Division of Motor Vehicles office closest to the county where the arrest was made.
Administrative Law Judges are to be lawyers with at least two years of experience.
The Division of Motor Vehicles currently uses twelve (12) Hearing Examiners who are located throughout the state. Since this bill only addresses the Administrative Law Judges holding DUI hearings, one Hearing Examiner position would have to be retained to hear other types of appeals.
The Division estimates that this bill will require the hiring of one (1) Chief Administrator, twelve (12) Administrative Law Judges, one (1) Executive Secretary, and one (1) Paralegal. Other positions need to schedule and transcribe the hearings would be performed by current staff.
In addition, the Attorney General’s Office would need to hire six (6) additional attorneys to represent the Division of Motor Vehicles.
Estimated cost to add the new Administrative Law Judges Office to DMV would be $1,173,957.00. This estimate takes into consideration that eleven (11) of the current Hearing Examiner positions would be transferred to the new Administrative Law Judge Office. One Hearing Examiner would be maintained since the Division will hold other appeals hearings besides DUI.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2009
Increase/Decrease
(use"-") |
2010
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
1,173,957 |
1,173,957 |
1,173,957 |
| Personal Services |
448,800 |
448,800 |
448,800 |
| Current Expenses |
693,524 |
693,524 |
693,524 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
31,633 |
31,633 |
31,633 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Personal Services
Chief Administrator 1 75,000.00
Judges 12 50,000.00 600,000.00
Executive Secretary 1 35,000.00 35,000.00
Paralegal 1 32,000.00 32,000.00
Sub total 15 742,000.00
Less current Positions (400,180.00)
Additional PS Budget $341,820.00
Sub total Benefits 238,623.00
Less Fringe Benefits (131,642.00)
Additional Benefits $106,980.00
Current Expenses
Office Space 42,250.00
Print Cartridges 1,300.00
Cell Phones 3,900.00 3,300.00
Calling Cards 130.00
Vehicle rent 65,520.00 55,440.00
Maintenance 17,316.00 14,652.00
Supplies 4,500.00
Printers 300.00
Print Cartridges 100.00
Software 5,000.00
AG’s Reps 626,400.00
Sub Total 766,916.00 (73,392.00)
Additional Current Expenses $693,524.00
Equipment
Laptops 25,632.00 23,496.00
Printers 1,500.00 1,100.00
Desktops 2,097.00
Workstations 27,000.00
Sub total 56,229.00 (24,596.00)
Additional Equipment $31,633.00
TOTAL ADDITIONAL $1,173,957.00
Memorandum
Person submitting Fiscal Note: Richard M Johnston
Email Address: Rick.M.Johnston@WV.Gov